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HF 2964

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 04:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to criminal justice; requiring predatory offender registration for soliciting
a prostitute; enhancing penalties for soliciting a prostitute; amending Minnesota
Statutes 2016, sections 243.166, subdivision 1b; 609.131, subdivision 2; 609.324,
subdivisions 3, 4; 609.3241; 609.3242, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2016, section
609.324, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:


Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3
; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1
, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2
; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the
sex trafficking of a minor in violation of section 609.322; a prostitution offense in violation
of section 609.324, subdivision 1deleted text begin, paragraph (a)deleted text endnew text begin or 3new text end; soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a
; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.131, subdivision 2, is amended to read:


Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin609.324, subdivision 3;deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.

Sec. 3.

Minnesota Statutes 2016, section 609.324, subdivision 3, is amended to read:


Subd. 3.

General prostitution crimes; penalties for patrons.

(a) Whoever, while acting
as a patron, intentionally does any of the following is guilty of a deleted text beginmisdemeanordeleted text endnew text begin felonynew text end:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a
person who is convicted of violating this paragraph must, at a minimum, be sentenced to
pay a fine of at least $500.

(b) deleted text beginWhoever violates the provisions of this subdivision within two years of a previous
prostitution conviction for violating this section or section 609.322 is guilty of a gross
misdemeanor.
deleted text end Except as otherwise provided in subdivision 4, a person who is convicted of
violating this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific, written
findings that the community work service is not feasible or appropriate under the
circumstances of the case.

new text begin (c) Where the offense took place in a community with a restorative justice program
created pursuant to section 611A.775, and the court stays adjudication, imposition, or
execution of sentence, the court shall require the offender to participate in the restorative
justice program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to violations
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.324, subdivision 4, is amended to read:


Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision deleted text begin2 ordeleted text end 3 to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.

Sec. 5.

Minnesota Statutes 2016, section 609.3241, is amended to read:


609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.322 or 609.324,
while acting other than as a prostitute, the court shall impose an assessment of deleted text beginnot less than
$500 and not more than $750 for a violation of section 609.324, subdivision 2, or a
misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall impose
an assessment of
deleted text end not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31
.

(d) A safe harbor for youth account is established as a special account in the state treasury.

Sec. 6.

Minnesota Statutes 2016, section 609.3242, subdivision 2, is amended to read:


Subd. 2.

Increased penalties.

deleted text beginAny person who commitsdeleted text endnew text begin The statutory maximum fornew text end a
violation of section 609.324 while acting other than as a prostitute while in a school or park
zone deleted text beginmay be sentenced as follows:
deleted text end

deleted text begin (1) if the crime committed is a felony, the statutory maximum for the crimedeleted text end is three years
longer than the statutory maximum for the underlying crimedeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2) if the crime committed is a gross misdemeanor, the person is guilty of a felony and
may be sentenced to imprisonment for not more than two years or to payment of a fine of
not more than $4,000, or both; and
deleted text end

deleted text begin (3) if the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor.
deleted text end

Sec. 7.

new text begin [609.3244] PRETRIAL DIVERSION PROGRAM FOR PATRONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) a person is an "offender" if the person is charged with, or probable cause exists to
arrest or charge the person with, a violation of section 609.324, subdivision 3, but the person
has not yet entered a plea in the proceedings;
new text end

new text begin (2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a
diversion program on condition that the criminal charges against the offender will be
dismissed after a specified period of time, or the case will not be charged, if the offender
successfully completes the program; and
new text end

new text begin (3) "prosecutor" means a city or county attorney.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of program. new text end

new text begin A prosecutor may establish a pretrial diversion
program for offenders. The program may be conducted by the prosecutor or by a private
entity under contract with the prosecutor.
new text end

new text begin Subd. 3. new text end

new text begin Diversion of offender. new text end

new text begin In determining whether to accept an offender for pretrial
diversion, the prosecutor shall consider:
new text end

new text begin (1) whether the offender has a criminal record or has previously been diverted under
this section or any other diversion program;
new text end

new text begin (2) the number of violations of section 609.324, subdivision 3, for which probable cause
exists to arrest or charge the offender; and
new text end

new text begin (3) the wishes of the victim regarding placement in the program.
new text end

new text begin Subd. 4. new text end

new text begin Program components. new text end

new text begin At a minimum, a pretrial diversion program must require
offenders to:
new text end

new text begin (1) where the offense took place in a community with a restorative justice program
created pursuant to section 611A.775, participate in the restorative justice program;
new text end

new text begin (2) make full restitution to the victim of the offense;
new text end

new text begin (3) pay appropriate penalties under section 609.324, subdivision 3; and
new text end

new text begin (4) pay the penalty assessment authorized under section 609.3241.
new text end

new text begin Subd. 5. new text end

new text begin Reporting of data to Bureau of Criminal Apprehension. new text end

new text begin Every county
attorney who has established a pretrial diversion program under this section shall report the
following information to the Bureau of Criminal Apprehension:
new text end

new text begin (1) the name and date of birth of each diversion program participant, and any other
identifying information the superintendent considers necessary;
new text end

new text begin (2) the date on which the individual began to participate in the diversion program;
new text end

new text begin (3) the date on which the individual is expected to complete the diversion program;
new text end

new text begin (4) the date on which the individual successfully completed the diversion program, where
applicable; and
new text end

new text begin (5) the date on which the individual was removed from the diversion program for failure
to successfully complete the individual's goals, where applicable.
new text end

new text begin The superintendent shall cause the information described in this subdivision to be entered
into and maintained in the criminal history file as defined in section 13.87.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin By January 15 of each odd-numbered year, each prosecutor shall
report to the Supreme Court and the chairs of the senate and house of representatives
committees having jurisdiction over criminal justice policy on the operation of any pretrial
diversion program established under this section. The report must include a description of
the program, the number of offenders participating in the program, the number and
characteristics of the offenders who successfully complete the program, the number and
characteristics of the offenders who fail to complete the program, and an evaluation of the
program's effect on the operation of the criminal justice system within the prosecutor's
jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 609.324, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-6050

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.

Subd. 2.

Prostitution in public place; penalty for patrons.

Whoever, while acting as a patron, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.